How to Legally Refuse Field Sobriety Tests in Oregon: Know Your Rights

Many people think Oregon's field sobriety tests include weird tasks like reciting the alphabet backwards or juggling. These beliefs don't match reality at all. A common question that arises is, "Can you refuse a field sobriety test?" The answer is yes, and understanding your rights is crucial when facing a potential DUI investigation.

Oregon police officers stick to just three standardized field sobriety tests: the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. Most drivers don't know they can legally refuse these tests, and law enforcement officers rarely mention this right.

Your test refusal might be used against you in some cases, but knowing your rights is a vital part of the process. Your performance can suffer from many things - nervousness, being tired, health issues, or even trouble with English - whatever your drinking status might be.

Let's talk about your legal rights with Oregon's field sobriety tests and the best ways to use them, including whether refusing a sobriety test is in your best interest.

Understanding Field Sobriety Tests in Oregon

Oregon law enforcement uses field sobriety tests to check for signs of impairment during a DUI stop. The National Highway Traffic Safety Administration (NHTSA) created three main standardized field sobriety tests (SFSTs) that are now 40 years old.

The Horizontal Gaze Nystagmus (HGN) test, also known as the gaze test, checks involuntary eye movements. This test works well to detect alcohol consumption because eye jerking becomes visible at blood alcohol levels as low as 0.02. All the same, officers must administer it with precision. Any swaying, patrol lights, or traffic distractions behind the officer can affect the results.

The Walk and Turn (WAT) test asks you to take nine heel-to-toe steps along a line, turn, and walk back. The test looks simple but reviews eight different performance aspects. Police officers watch for specific signs of impairment: starting too soon, wrong heel-to-toe placement, using arms for balance, stepping off the line, or taking wrong steps. NHTSA research shows this test is only 68% accurate in spotting impairment.

The One Leg Stand (OLS) test, the third standard test, is 65% accurate for healthy people. During this 30-second balance test, officers look for four main indicators of impairment: putting your foot down, raising arms, swaying, or hopping.

Oregon Administrative Rules also allow several non-standard tests. These include the Modified Finger to Nose Test, Finger Count, Alphabet recitation, Counting, Internal Clock, and Romberg Balance Test. Drug Recognition Expert (DRE) officers can run extra tests to check pupil size and pulse rate as part of a comprehensive DUI investigation.

Many things besides alcohol can affect how well you do on these divided attention tests. Your physical condition, injuries, age, weight, tiredness, and even language barriers might impact the results. The Walk and Turn test is tough especially when you have balance issues or injuries to your back, legs, or feet.

Law enforcement officers often run these tests without explaining how they'll grade you. To name just one example, many drivers fail the Walk and Turn test before taking their first step. They don't know that how they stand during instructions is part of the test.

Your Legal Right to Refuse Testing

Oregon law classifies field sobriety tests as a search, which gives you the constitutional right to decline them. Many drivers wonder, "Are field sobriety tests mandatory?" The answer is no. You won't face any direct penalties to your driver's license if you refuse these tests, despite what many people believe.

When it comes to refusing sobriety tests, officers must follow specific steps. They need to read the ROHRS Admonishment, which explains that these are just physical assessments. They must then explain each test - the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. The officers also need to specify which tests they plan to give you. Any field sobriety test refusal becomes inadmissible in court if they skip this step.

The difference between field sobriety tests and chemical tests (breath, blood, or urine) is vital. Chemical tests are part of Oregon's Implied Consent Law - drivers automatically agree to these tests when they drive on public roads. Refusing a breath test leads to a one-year license suspension and a $650 fine. Drivers with prior DUI convictions face a three-year suspension.

After an arrest for driving under the influence, you have these specific rights:

• The right to contact an attorney before deciding on chemical tests
• A 20-minute window to reach legal counsel
• Visual and auditory privacy during attorney consultation

You must request a DMV hearing within 10 days of arrest to contest a chemical test suspension. This hearing runs separately from criminal proceedings and gives you a chance to challenge the suspension without additional penalties.

Test results become inadmissible in both court and DMV hearings if officers deny your reasonable request to contact an attorney. Article I, section 9 of the Oregon Constitution protects you against unreasonable searches and offers broader protections than the U.S. Constitution's Fourth Amendment.

Note that the Oregon Supreme Court has ruled that forcing a choice between self-incrimination through test consent or through refusal inference violates constitutional protections against compelled self-incrimination. This makes understanding these rights essential when making decisions during traffic stops.

How to Properly Refuse a Test

A clear understanding of the process and your rights helps you properly decline field sobriety tests. These guidelines will give you a legal way to refuse while protecting your interests during a DUI stop.

You must provide essential documentation when stopped - your driver's license, vehicle registration, and proof of insurance. After meeting these simple requirements, state your intention to remain silent clearly. Making this verbal declaration establishes your position formally, which works better than just staying quiet.

Stay respectful yet firm when a police officer requests field sobriety tests. Your refusal doesn't need explanations or excuses since these statements could be used against you later. A simple statement declining the tests works best. Remember, refusing to submit to a sobriety test is your right by law.

The officer will read the ROHRS Admonishment after your refusal. This explains that these tests are purely physical and not designed to reveal your thoughts or beliefs. Pay attention because the officer must specify which tests they want to give - your refusal becomes inadmissible in court if there's any ambiguity about the requested tests.

Your hands should stay visible during the interaction without any physical contact with the officer. A clear "I do not consent to this search" works best to decline any requests to search your vehicle, belongings, or person.

The situation might lead to a breath test request to determine your blood alcohol level. At that point, ask for:

• 20 minutes to contact an attorney
• Your cell phone access
• Visual and auditory privacy

Note that breath test refusal has immediate consequences unlike field sobriety tests - you'll face a one-year license suspension and a $650 fine. The breath test might make sense if you have no prior convictions, but try to consult with a DUI defense lawyer first.

Stay composed and avoid confrontational behavior throughout the encounter. Write down details about the stop quickly - location, officer interactions, and timeline of events. This information helps your legal defense, especially since officers document their observations in police reports.

These guidelines help you exercise your rights effectively while reducing legal complications. Your success depends on staying respectful yet assertive, knowing that Oregon's constitution prevents using your refusal alone to establish guilt in a DUI charge.

Conclusion

Your rights during field sobriety tests can make the most important difference at traffic stops in Oregon. Law enforcement officers rarely tell you that refusing these physical tests is your constitutional right, though you should think over some key points first.

Several factors make field sobriety tests unreliable as indicators of impairment. Your physical condition, tiredness, anxiety, or language barriers can affect how well you perform. Note that you won't face direct penalties for refusing field tests, but saying no to chemical tests will result in license suspension and fines.

You need clear knowledge of your rights and proper responses to handle traffic stops effectively. These legal situations often get complicated, so a free consultation with Prodigal Law's criminal defense lawyers will help protect your rights and explore potential legal defenses.

Success comes from staying calm and firm during police encounters. Write down everything that happens, call an attorney when you need to, and keep all communication respectful. This knowledge will give you the tools to handle potential traffic stops and protect your legal interests if you're ever faced with a DUI investigation.

FAQs

Q: Can you refuse a sobriety test in Oregon? Yes, you have the absolute right to refuse field sobriety tests in Oregon. These tests are considered a form of search, and you are protected by the state constitution from being compelled to perform them.

Q: What happens if you refuse a field sobriety test in Oregon? There are no direct penalties for refusing field sobriety tests in Oregon. However, it's important to note that this refusal may be used as evidence in court, although it cannot be used to establish guilt on its own.

Q: How should I properly refuse a field sobriety test if asked? Politely but firmly state that you decline to perform the tests. Avoid offering explanations or excuses. Remember to remain calm and respectful throughout the interaction with the officer.

Q: Is refusing a breathalyzer test the same as refusing field sobriety tests? No, they are different. While you can refuse field sobriety tests without direct penalties, refusing a breathalyzer (chemical test) in Oregon results in automatic license suspension and fines under the state's Implied Consent Law.

Q: Should you submit to a field sobriety test in Oregon? If asked to take a field sobriety test, you can politely decline. Provide necessary documentation like your driver's license and registration, clearly state your intention to remain silent, and if arrested, request to speak with an attorney before making any decisions about chemical tests. Many legal experts argue that it is better to refuse to take a field sobriety test, as these tests can be unreliable and may provide evidence against you even if you're not impaired.